No Stopping PCN From UKCPS

Denzelp

Hello

I recently read and posted in a thread started by GYMarshy because I have received a Notice to Keeper from UKPCS regarding a car registered to me which had stopped in exactly the same place, Bilbrough Top Services on the A64 near York.

As a Newbie I am not well up on posting protocol and it was suggested that I start a new thread so this is it.

The car was being used with my permission and the driver had to stop for briefly for a few moments, literally less than a minute, for a small emergency which had to be dealt with before the car could be driven safely.

I'm not going to give the driver details to UKPCS but plan to deal with the matter myself.

As advised I have appealed to UKPCS using the template from the “Parking Tickets Fines and Parking”.

The next step would seem to be an email to Armstrong Massey who appear to be the landowners. Am I right?

I’d appreciate any help and advice

Regards"Denzelp"                                                                          

Redx

It's ukcps , not what you are writing

If ukcps failed to comply with POFA then you as keeper have no liability

Also ukcps failed to apply a grace period , check the current IPC CoP for details

Yes complain to the landowner or managing agent , asap

Coupon-mad

And ho through the farce of IAS for the reasons I just posted a few minutes ago.

Fruitcake

Also have a look at the Jopson vs Homeguard case where the judge stated (around paragraphs 19 or 20 of the judgment) that attending to a small vicissitude is not parking.

The transcript is available online. This was an appeal court case so is persuasive on the lower courts should it get that far.

Denzelp

Thanks for the advice so far.

I appealed to UKPCS but refused to give the name of the driver. Needless to say they rejected my appeal and sent me CCTV pictures 1 taken minute and 8 seconds apart plus a picture of the sign.

I identified the landowners, Armstrong Massey Properties, a separate company from Armstrong Massey car sales. No answer when I called so I sent a letter first class, no response.

I am in the process of appealing to IAS but I'm not optimistic.

If the matter does go to court I think I may have a case. I have established with the driver that the car pulled over to attend to a minor health related and it was not safe to drive any further.

Is there anything else I could be doing?

D_P_Dance

. I have established with the driver that the car pulled over to attend to a minor health related and it was not safe to drive any further.

In which case I would go to court, judges are impartial and are open to reasonable mitigation.  Also, it is likely that a local authority would cancel, read this

https://www.cheshireeast.gov.uk/car-parks-and-parking/parking-regulations-enforcement/grounds-for-pcn-challenge.aspx Have you compained to your MP.

Have you complained to your MP?

Umkomaas

If the matter does go to court I think I may have a case.

UKCPS haven't been to a court hearing for years, they're not likely to start again with you now for a short stopping event. Try to get some perspective on this. 

Denzelp

Sorry 'UKCPS' - I did it again!

Denzelp

Any hints on dealing with IAS?  I have launched a 'Standard' Appeal with them which I must submit by 29 Jan.
It appears that the case is against me because I am the registered keeper and have still not given the name of the driver, but it was that individual who had to stop driving because of impaired vision was and it was impossible, and indeed illegal, to drive until it was resolved even if it only took a couple of minutes.

Coupon-mad

Just send in evidence that there are no red lines so it's not properly and clearly marked as a 'no stopping' zone, so to learn of the terms a driver is bound to have to stop to read a sign, as they would anywhere.

DO NOT mention mitigating circumstances AT ALL.

Denzelp

Thanks to Coupon-mad for the advice. Just a couple of queries; I hadn't previously known about red lines but I do now. The lines are double yellow but it is private land so I don't know if that makes a difference to my appeal with IAS. Secondly just curious to know what the reason is for not mentioning mitigating circumstances